A Marin County breeder who had four horses seized in an abuse investigation lost a legal bid to get them back immediately from the Marin Humane Society, attorneys said.

Animal welfare officers seized the horses from Gray Fox Farms LLC, a Chileno Valley breeding operation run by Jill Burnell. The Marin Humane Society launched an investigation at the ranch late last month, saying about two dozen horses were being subjected to "serious neglect, injuries, unsafe and inhumane living conditions."

Animal welfare officers confiscated three allegedly malnourished mares and an injured stallion, and started monitoring the remaining horses.

Burnell's lawyer, Maggie Weems, denied any neglect at the ranch, noting that it would be against the breeder's interest to have ailing horses. The facility breeds expensive horses and sells semen as well.

Burnell filed a petition in Marin Superior Court, hoping to persuade a judge to order the Marin Humane Society to return the horses. Weems said the Novato-based organization was abusing its discretion.

"The state of California has a very broad animal protection statute," Weems said. "If it's not enforced in a balanced way, it's subject to a lot of abuse."

On Tuesday, Judge Roy Chernus ruled in favor of the Marin Humane Society.

"We're very happy that he made the right decision," said Bruce Wagman, the organization's lawyer and a member of its board.

The dispute is still under review by an administrative hearing officer, retired lawyer Al Burnham, who will decide whether the horse confiscation was justified and whether the animals should be returned. His ruling is pending.